These Terms and Conditions (the “Terms) constitute the legally binding agreement between a User (“User” or “you”) and Trein-vertraging B.V (“Trein-vertraging.nl”), registered in the trade register under number 94274177, statutorily located in Amsterdam, with regard to the provision of the Service.
Definitions
In these general terms and conditions, the following terms are understood to mean:
Service: Trein-vertraging.nl aims to obtain compensation or refunds for delays,
cancellations or other shortcomings in rail transport.
User: The natural person or legal entity who uses the services of Trein-vertraging.nl and thereby assigns the rights to the Claim to Trein-vertraging.nl.
Claim: The entitlement to compensation, refund or damages arising from a delayed or cancelled train journey.
Rail Carrier: The party responsible for the execution of the relevant train journey, and which can be held liable for delays, cancellations or other shortcomings under national or
European regulations (such as Regulation (EC) No 1371/2007).
Assignment Agreement: The agreement between the User and Trein-vertraging.nl, which is concluded after the User submits a Claim via the website and assigns the rights to Trein-vertraging.nl.
Service Fee: The fee that Trein-vertraging.nl charges for successful handling of the Claim, regardless of whether payment takes place via Trein-vertraging.nl or directly to the User. This fee is only charged upon success (no cure, no pay).
Advance Payment Scheme: An instant payout for the purchase of full ownership of the Claim with a fixed amount.
Services
1.1. Trein-vertraging.nl offers a platform for Users to assign their Claims to Trein-
vertraging.nl.
1.2. By using the Service, User transfers full legal ownership of their Claims to Trein-vertraging.nl through assignment (cessie) under Dutch Civil Code.
1.3. Trein-vertraging.nl will provide User with the Assignment Agreement after
acceptance of these Terms.1.4. The Assignment Agreement becomes effective after signature by User and Trein-vertraging.nl.
1.5. Claims relating to a linked OV-chipkaart are automatically submitted by Trein-vertraging.nl within 24 hours after the OV-chipkaart is linked to the account.Service Fee
2.1. Trein-vertraiging.nl will notify Rail Carriers that it is the exclusive assignee and holder of all assigned claims, and all payments must be made directly to Trein-vertraging.nl as the sole legal owner in accordance with the Assignment Agreement and Dutch law.
2.2. Rail Carriers will pay out the compensation amount to Trein-vertraging.nl.
2.3. Trein-vertraging.nl works on a "no cure, no pay" basis. This means that no costs are charged for Claims that are not successfully handled.
2.4. For all successful User Claims, 25% of the received compensation is withheld by Trein-vertraging.nl as payment for the Service provided. The remaining 75% of the compensation is paid out to the User.
2.5. Trein-vertraging.nl works on a "no cure, no pay" basis. This means that no costs are charged for Claims that are not successfully handled.Payouts
3.1. Successful Claims are paid out to the bank account number specified by the User within 2 weeks after receipt of the funds from the Rail Carrier.
3.2. User is responsible for correctly submitting their banking details. If these are incorrect, payment to the User cannot be made..
3.3. If Trein-vertraging.nl has mistakenly paid too high an amount to the User, the User is obliged to immediately repay this amount to Trein-vertraging.nl. Such an amount is considered an undue payment within the meaning of Article 6:203 of the Dutch Civil Code. If the User does not repay the overpaid amount within fourteen (14) days after request, Trein-vertraging.nl reserves the right to withhold payouts and/or compensation from ongoing claims (in whole or in part) until the outstanding amount
is fully offset.Advance Payment Scheme
4.1. User has the option to choose the Advance Payment Scheme.
4.2. In this case, User will be offered a fixed amount as instant payout for the transfer of full legal ownership to the rights of the Claim to Trein-vertraging.nl.
4.3. If the User selects the Advance Payment Scheme, all legal and beneficial rights and ancillary claims are assigned to Trein-vertraging.nl in exchange for a one-off fixed payment. Thereafter, Trein-vertraging.nl has exclusive entitlement to the entire Claim and any subsequent recoveries or interest; the User waives all future rights to further compensation relating to the assigned Claim.
4.4. If Trein-vertraging.nl makes an incorrect payment under the Advance Payment Scheme due to incorrect or incomplete banking details provided by the User, Trein-vertraging.nl is not liable for the lost funds.
4.5. The advance amount that Trein-vertraging.nl pays out is determined based on the submitted Claim and established at its own discretion. Any changes in compensation by the Rail Carriers after the advance has been paid out do not affect the already paid advance amount.
4.6. Trein-vertraging.nl reserves the right to perform additional verifications before an advance is granted. If the User does not meet the additional verification requirements, Trein-vertraging.nl may refuse the advance payment scheme.Intellectual Property
5.1. Trein-vertraging.nl and Trein-Vertraging B.V. are the intellectual property owners of the website, including but not limited to logos, trademarks and trade names. These may not be used, copied or modified without our express permission.Liability / User Responsibilities
6.1. Trein-vertraging.nl provides its services based on a best efforts obligation and does not guarantee specific outcomes. While we strive for the highest possible success rate of claims, we cannot guarantee that all claims will be approved.
6.2. Trein-vertraging.nl commits to doing its utmost to handle claims efficiently and effectively but accepts no liability for unsuccessful claims as Trein-vertraging.nl has no influence on the final decisions of Rail Carriers.
6.3. By using Trein-vertraging.nl, User agrees to provide accurate and complete information necessary for submitting Claims.
6.4. Trein-vertraging.nl reserves the right to refuse services or terminate accounts in case of misuse, breach of these Terms, or other reasonable grounds and has the right to claim losses or damages arising from such misuse or breach.
6.5. Trein-vertraging.nl reserves the right to refuse Users or terminate accounts in case of abuse of the “money-back terms and conditions for delays” of transport companies.
6.6. User must not submit or authorize any duplicate or competing Claims relating to journeys already assigned to Trein-vertraging.nl; breach may result in immediate claim cancellation, liability for loss, and indemnity for any resulting costs, damages, or administrative expenses incurred by Trein-vertraging.nl. This also applies when a User links an OV-chipkaart to their account on Trein-vertraging.nl..Data Protection
7.1. By using our services, you consent to the collection and sharing of certain personal data with third parties necessary for processing claims. Detailed information about our data policy can be found in our Privacy Policy.
7.2. In accordance with the General Data Protection Regulation (GDPR), users have the right to have their personal data deleted.
7.3. Users can submit a request for deletion of their data via email to [email protected].
7.4. Trein-vertraging.nl will respond to this request within 2 weeks and confirm the deletion of the data, unless retention of the data is necessary to comply with legal obligations or to execute an agreement.Withdrawal Right
8.1. If you qualify as a consumer under the European Union (EU), the European
Economic Area (EEA), and the UK consumer regulations, meaning that you are an individual who engages in a legal transaction for a purpose other than your
commercial or independent vocational activity, then you possess a legal right of Withdrawal.
8.2. You have the right to withdraw from the Service within 14 days from the
commencement of the Service for free and without the need to specify any reasons.
8.3. To exercise your right to Withdrawal, the Withdrawal must be communicated by email within the 14-day period mentioned above, and it must clearly state your wish to withdraw from the Service.
The Withdrawal shall be sent to:
[email protected]General Provisions
9.1. These General Terms and Conditions are governed by Dutch law. Any disputes arising from or related to these Terms shall be submitted to the competent court in the Netherlands.
9.2. In case of disputes, users are encouraged to contact us directly at [email protected] before taking legal action.
9.3. Communication between Trein-vertraging.nl and its users will primarily take place via email. In the future, there may be possibilities for communication via push
notifications.
9.4. The Assignment agreement covers Claims against all European Rail Carriers. Trein-vertraging.nl will notify counterparties as required under Dutch law and applicable cross-border rules; all assigned rights and associated proceeds shall be governed by Dutch law unless mandatory rules of the country of the Rail Carrier apply.
9.5. These Terms and the Assignment Agreement constitute the complete agreement between the user and Trein-vertraging.nl regarding the use of our Service.
9.6. Trein-vertraging.nl reserves the right to modify these General Terms and Conditions at any time. Changes take effect immediately upon posting on our website. Nonetheless, your use of the Services will be governed by the version of the Terms in place on the date in which you accepted them.
9.7. If any provision of these General Terms and Conditions proves to be invalid or unenforceable, the remaining provisions remain fully valid and enforceable. By using the services of Trein-vertraging.nl, you acknowledge that you have read, understood and agree to these General Terms and Conditions.Contact Information
10.1 For questions or comments about these General Terms and Conditions, you can contact us at [email protected].
